A criminal appeal involving an application for bail filed by a convict sentenced to death for murdering his cousin. The joint bench dismissed the bail application finding the case not fit for bail.
Bail application stands rejected without orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
criapln554-12.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.554/2012 IN CRIMINAL APPEAL NO.50/2012
Santosh Kernath Kumbhar .. Applicant Vs The State of Maha. .. Respondent
.... Shri Satej S. Jadhav,Adv.for applicant Smt.V.A.Shinde,APP. for respondent-State.
CORAM : NARESH H.PATIL AND T.V.NALAWADE, JJ.
DATE : 5TH MARCH 2012.
ORAL ORDER : [PER NALAWADE,J.]
1] The application is filed for bail. The applicant is convicted
and sentenced in Sessions Case no.24/2009 which was pending in the Court of Additional Sessions Judge, Nilanga. He is held guilty
2 criapln554-12.odt
of murder of his cousin. Both sides are heard. The original record
of the case was called and this Court has perused the same.
2] The deceased Jyoti was a married woman and she was daughter of complainant Mahadu kumbhar. There was some dispute between the family of complainant and the family of the applicant over a land. Initially, the family of the accused wanted to purchase that land but the land was purchased by the complainant. Due to the dispute, there were strained relations.
3] The incident took place on 6/8/08, at about 1.30 p.m. The complainant was proceeding towards house from his field with fodder and he noticed accused near the field of Ankush Jaishere. The accused was running away and there was blood on his clothes. The witnesses like Baburao Birajdar and Rajendra Gundure had noticed accused running away from the spot where the dead body of Jyoti was found. Three stab wounds and other injuries like Contused Lacerated Wounds were found on the dead body. As the complainant had seen the accused running away
3 criapln554-12.odt
from the side of spot of offence, he gave report. On the same day accused came to be arrested and clothes having blood stains of the accused were taken over. While in police custody, accused gave statement and within two days, weapon of assault came to be recovered u/s 27 of the Indian Evidence Act. Death took place due to stab injuries on chest and abdomen.
4] Prosecution has examined complainant and two witnesses like P.W.4 and P.W.6 who had seen accused running away from the spot of offence. It was submitted for the applicant that these two witnesses have exaggerated the things and in the previous statements, when they had not stated that they had actually seen the incident of assault and they made material improvement and stated in the Court that they had seen actual incident of assault. Even if that exaggeration is ignored, there is the evidence to show that these witnesses had seen the accused in the vicinity and he was running away from that spot. The name of the accused was immediately given by the complainant to police and the statements of so called eye witnesses were recorded on the same day.
4 criapln554-12.odt
Evidence is given on motive. On the basis of this evidence, trail Court has convicted and sentenced the applicant for offence punishable u/s 302 of I.P.C.
5] It was submitted for the applicant that the record shows that the trial Court had referred the applicant for medical examination due to his abnormal behavior noticed by the Court. This Court has gone through the relevant portion of the judgment of the trial Court and it shows that only after ascertaining that the applicant was fit to face the trial, the case came to be decided against the applicant.
6] The aforesaid material is sufficient to hold that it is not fit
case to grant bail. Application stands rejected.
(T.V.NALAWADE, J.) (NARESH H. PATIL,J.)
umg/criapln554-12
1 issue framed by the court
Whether bail be granted to the applicant who is convicted and sentenced for murder.
2 provisions across 2 enactments
Santosh Kernath Kumbhar
The State of Maha
NARESH H. PATIL
T. V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
